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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 1999 Page 8 of about 188 results (0.100 seconds)

Mar 17 1999 (SC)

Commissioner of Income Tax Vs. Mysodet (P) Ltd.

Court : Supreme Court of India

Decided on : Mar-17-1999

Reported in : (1999)152CTR(SC)531

..... in i.t.r.c. no.21/82.2. the following question was referred to the high court for its opinion under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act') :'whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that the provision of section 104 of the ..... income tax act, 1961 was applicable to the instant case for the assessment year 1975-76? '3. the facts leading to the above said reference are as follows :the respondent-company is a ..... company for the assessment year 1975-76 at rs. 6,27,430 holding that the company did not distribute any dividend to its shareholders. the income tax officer initiated proceedings under section 104 of the act, demanding additional income-tax of rs. 31,434.4. against the said assessment order, the respondent-company preferred an appeal before the appellate assistant commissioner. having failed before the ..... definition would be applicable to all provisions which contain the term 'dividend' in the act.11. section 104 of the act reads as under :104. income-tax on undistributed income of certain companies.(1) subject to the provisions of this section and of sections 105,106 107 and 107a, where the income tax officer is satisfied that in respect of any previous year the profits and gains .....

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Apr 13 1999 (SC)

Commissioner of Income Tax Vs. Cynamide India Ltd.

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : (1999)153CTR(SC)201

..... orderr. c. lahoti, j.in reference under section 256 of the income tax act, 1961 (hereinafter referred to as `the act') the following three question amongst others were answered by the high court in favour of the assessee and against the revenue :-for assessment years 1974-75 ..... as a result of de-husking and are covered by the term agricultural product'6. the high court has also formed an opinion that section 35c of the act was designed to encourage development of agriculture and therefore gave, a weighted deduction in respect of expenditure 'incurred in providing to the agriculturists services and facilities specified ..... therefore, the revenue does not press the appeals to that extent . he has made his submissions confined to question no. 4 only.4. section 35c of the act (as it stood during the assessment years 1974-75 and 1975-76) provided for deduction in respect of certain expenses referable to use as raw material of any ..... . whether on the facts and in the circumstances of the case, the tribunal was right in holding that the weighted deduction under section 35 b of the act on only 50 per cent of the amount of rs. 20,7061 ought to be allowed ?2. there were in all eight questions forming subject matter of ..... the assessee was not entitled to deduction of rs. 66,352 plus rs. 1,60,428 for assessment year 1975-76 under section 35 c of the act ?for assessment year 1974-756. whether on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee's claim .....

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May 14 1999 (SC)

Commissioner of Income Tax, Bombay Vs. Chika Ltd., Bombay

Court : Supreme Court of India

Decided on : May-14-1999

the text below is only a summarized version of the order pronouncedfollowing the decision in the case of cit v. step well industries ltd., , it was held that the deduction u s 35-b of income tax act could not be claimed in respect of commission paid in india for the sales made outside india. appeal was allowed.

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Feb 24 1999 (SC)

Addl. Commissioner of Income Tax Vs. New Consolidated Gold Fields Ltd.

Court : Supreme Court of India

Decided on : Feb-24-1999

Reported in : (2000)10SCC90

..... annum, the same being payable in sterling in london. 3. for assessment year 1960-61 the income tax officer held that the indian company was an agent of the assessee within the meaning of section 163 of the income tax act and that the annual remuneration of 7000 was income accruing to the assessee which was taxable in the hands of the indian company. the appellate ..... will assume that the assessee had a business connection in india. having regard, however, to the provisions of explanation (a) quoted above only that part of the income of 7000 could be brought to tax in india as was reasonably attributable to the operations that were carried out in india. it is clear that the operations under the agreement between the assessee ..... the meaning of section 163, no business connection within the meaning of section 9(1) had been established with the indian company so as to make income accruing to the non-resident assessee liable to tax through its agent. this finding was approved by the tribunal. the high court, on reference, held that the assessee received in london 7000 for technical advice ..... in the circumstances of the case, the tribunal was right in holding that there was no income to the non-resident which could fall within the categories enumerated in section 9(1)(i) of the act and as such the question of bringing any such income to tax in the hands of the agent would not arise? 2. briefly stated, the facts are these .....

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Sep 08 1999 (SC)

Commissioner of Income Tax, Hyderabad Vs. M.J. Swamy

Court : Supreme Court of India

Decided on : Sep-08-1999

Reported in : (2002)10SCC128

..... tribunal is correct in holding that no capital gains arise on the transfer of the lands coming within the purview of section 2(14)(iii) of the income tax act, 1961 as it stood on 1-7-1970. 2. answering this question, the high court took note of the decision in j. raghottama reddy v. ito1 and answered the question ..... received on the acquisition of land could not be assessed as the same was beyond the scope of section 2(14) of the income tax act, 1961. the assessing authority did not agree with the claim and brought the same to tax. ultimately, the matter reached the tribunal, which decided in favour of the assessee. thereupon, a question was referred to the high court ..... referred to in the affirmative and against the revenue. during the pendency of these proceedings, an amendment has been made by introduction of an explanation by the finance act, 1989 with retrospective effect from 1-4-1970. the high court did not have occasion either while dealing with the decision in j. raghottama reddy1 or the order out of .....

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Aug 27 1999 (SC)

K. R. Patel Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Aug-27-1999

Reported in : (1999)155CTR(SC)585

..... . whether, on the facts and in the circumstances of the case, k.r. patel and b.g. amin were liable to be assessed as trustees under section 161 of the income tax act, 1961?'these questions arose front the order of the tribunal in the following circumstances.2. one mrs. bhikhubai chandulal jalundhwala, a resident of bombay, executed a will on 5-1 ..... whether any part of the income of the estate of the testator was exempt under the proviso to section 4(3)(1) of the said ..... wadhwa, j.a division bench of the high court of judicature at bombay on a reference under section 256(1) of the income tax act, 1961 ('the act') decided all the three questions of law referred to it for its opinion by the tribunal in favour of the revenue. the assessee is aggrieved. the questions of law are: ..... wholly for religious and charitable purposes and, thus, the entire income from the properties was exempt from taxation. the revenue contended that since the debts had not been fully discharged, the trustees could be assessed only as executors under section 41 of the indian income tax act, 1922 and income was not exempt from tax. the question which came up for consideration of the court was .....

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Jul 21 1999 (SC)

State of Punjab Vs. Baldev Singh

Court : Supreme Court of India

Decided on : Jul-21-1999

Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199

..... in pooran mal's case is that the seized material could be used in other legal proceedings against an assessee, before the income tax authorities under the income tax act, dealing with escaped income. it is, therefore, not possible to hold that the judgment in pooran mal's case can be said to have laid down ..... down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to fasten ..... arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior official.section 132(13) of the income tax act, 1961 provides :132. search and seizure.-xxxx xxxx xxxxx(13) the provisions of the crpc, 1973 (2 of 1974), relating to searches and seizure ..... lays down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to fasten ..... down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to fasten .....

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Sep 09 1999 (SC)

Assistant Commissioner of Income Tax, Punjab Vs. Raja Ram Kulwant Rai

Court : Supreme Court of India

Decided on : Sep-09-1999

Reported in : (2002)10SCC129

..... not open to the department to initiate the proceedings whatsoever under section 143 of the income tax act. the high court took note of the fact that there cannot be two assessments for the same assessment year on an assessee and once an assessment has been framed for ..... order 1. the respondent filed a writ petition challenging the initiation of the proceedings by issue of notices under section 143(2) of the income tax act, 1961. the contention put forth on behalf of the respondent before the high court was that there has been an assessment made under chapter xiv-b and therefore, it is ..... a block period under section 158-bc which includes the years in question, the income tax officer stands debarred from framing an assessment under section 143 on the basis of returns already filed under section 139. on this basis the high court quashed the notices issued ..... to the respondent. the department aggrieved by the said order is in appeal before this court. 2. it is brought to our notice that by finance (no. 2) act, 1998, an explanation has been added to section 158-ba and the department places strong reliance upon this explanation. the high court when it rendered its judgment did not have .....

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Mar 23 1999 (SC)

Universal Plast Ltd. Etc. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Mar-23-1999

Reported in : (1999)153CTR(SC)95

..... hotel. the lease amount provided separately for running of the building and hire charges for furniture and fixtures. the question that fell for consideration was whether the rent income was business income taxable under the income tax act, 1922? it was held that as the assessee never carried on any business of a hotel in the premises let out or otherwise at all and there ..... is filed by the assessee - universal plast limited - from the judgment and order of a division bench of the calcutta high court in income tax reference no. 17 of 1991 under section 256(2) of the income tax act, 1961 [for short, `the act'] passed on february 6, 1992 [hereinafter referred to as `upl case']. civil appeals nos.__________ of 1999 @ special leave petition c nos ..... the lease; the intention of the appellant was found to go out of business altogether, therefore the income was not assessable as business income. commissioner of income tax, lucknow vs. vikram cotton mills ltd. [1988 (169) i.t.r.597] is again a case arising under the income tax act, 1922. one of the creditors filed a petition in the high court for winding up. the industrial ..... conclusion was reached on the premise that the term `business' as defined in that act was wider than the definition of that term under the income tax act. the minority, however, took a contrary view. in sultan brothers private ltd. vs. commissioner of income tax, bombay city-ii [1964 (51 i.t.r.353)], the assessee constructed a building, fitted it up with furniture and .....

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Jul 21 1999 (SC)

State of Punjab Vs. Baldev Singh, Etc. Etc.

Court : Supreme Court of India

Decided on : Jul-21-1999

Reported in : (1999)157CTR(SC)3

..... s case (supra) is that the seized material could be used in other legal proceedings against an assessee, before the it authorities under the income tax act, dealing with escaped income. it is, therefore, not possible to hold that the judgment in pooran mal's case can be said to have laid down that ..... context, can only be to the effect that material seized during search and seizure, conducted in contravention of the provisions of s. 132 of the income tax act cannot be restrained from being used, subject to law, before the it authorities in other legal proceedings against the persons, from whose custody that material ..... that the evidence collected as a result of illegal search or seizure, could be 'used as evidence in proceedings against the party under the income tax act, the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to ..... lays down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search ' or seizure, can be used to ..... down that the evidence collected as a result of illegal search or seizure, could be used as evidence in proceedings against the party under the income tax act. the judgment cannot be interpreted to lay down that a contraband seized as a result of illegal search or seizure, can be used to fasten .....

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